News & Analysis as of

Bureau of Industry and Security (BIS) U.S. Commerce Department

Cozen O'Connor

Commerce Department Considers Applying Section 232 Duties on Steel and Aluminum to More Construction Materials

Cozen O'Connor on

Duties on steel and aluminum have already had a significant impact on the construction industry. Participants in the construction industry have a very short window in which to weigh in on changes that could increase the...more

Hogan Lovells

BIS announces rescission of Biden-Era AI Diffusion Rule and issues new AI policy and guidance

Hogan Lovells on

At the same time that it potentially reduced licensing requirements on advanced computing items to a smaller group of countries by notifying industry that it started the process to rescind the AI Diffusion Rule, the U.S....more

Husch Blackwell LLP

BIS Announces Proposed Additions to Section 232 Steel and Aluminum Tariffs, Opens Public Comment Period

Husch Blackwell LLP on

On May 22, 2025, the Department of Commerce’s Bureau of Industry and Security (“BIS”) released a diverse list of 58 requests for new products to be added to the list of derivatives subject to the Section 232 tariffs on steel...more

Sheppard Mullin Richter & Hampton LLP

Throwing Away the Toaster: Where AI Controls Are Now and May be Heading

Anyhow, on a possibly related note, on May 14, 2025, BIS announced that it will rescind the AI Diffusion Rule and that, until the time of the official recission, would not enforce the Biden-era regulation. Stop-Gap Stopped -...more

WilmerHale

US Export Controls on “AI Diffusion” Officially Paused, but New Guidance Elevates Risk for AI-Related Exports

WilmerHale on

On May 13, 2025, the Department of Commerce formally signaled its intention to rescind the Biden Administration’s Framework for Artificial Intelligence Diffusion (AI Diffusion Rule) two days before the January 2025 Interim...more

Alston & Bird

Commerce Rescinds AI Diffusion Rule, Releases Other Guidance Involving Overseas AI Chips

Alston & Bird on

On May 13, 2025, the Department of Commerce, Bureau of Industry and Security (BIS) officially rescinded the Framework for Artificial Intelligence Diffusion (“AI Diffusion Rule”), that was published during the last week of...more

Troutman Pepper Locke

The Least Known Risk in the Energy Sector: The “ICTS” National Security Rules

Troutman Pepper Locke on

There are unprecedented risks and opportunities emerging for companies in the energy sector as the Trump administration’s priorities start to come into focus. Many of those are well-known to the industry. Here’s one that’s...more

King & Spalding

U.S. Department of Commerce Launches New Process for Certain Parties to Request Additional Derivative Products Become Subject to...

King & Spalding on

On May 2, 2025, the U.S. Department of Commerce (“Commerce”) issued an interim final rule (“IFR”) that creates a new process for adding goods to the lists of derivative products subject to the 25 percent steel and aluminum...more

WilmerHale

The United States and Singapore Signal More Robust Export Control Enforcement

WilmerHale on

Recent actions by the Singapore and US governments following DeepSeek’s alleged use of restricted artificial intelligence (AI) chips signal more robust enforcement of export controls. Not only is Singapore stepping up its...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Mitigation Strategies

Troutman Pepper Locke on

The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward....more

Mintz - Antitrust Viewpoints

House Select Committee Publishes Report on DeepSeek, as Commerce Imposes New AI Chip Export Restrictions — AI: The Washington...

On April 16, the House Select Committee on the Chinese Communist Party (CCP) published a report on the Chinese company DeepSeek’s AI model with findings from the committee’s investigation into DeepSeek. The report...more

Troutman Pepper Locke

Inside New Commerce Tech Restrictions: Key Risk Takeaways

Troutman Pepper Locke on

The U.S. Department of Commerce’s Bureau of Industry and Security has issued the final rule that will determine how its Information and Communications Technology and Services regulations will work going forward. Originally...more

Sheppard Mullin Richter & Hampton LLP

A Roadmap for Export Controls? Project 2025 and the Future of U.S. Exports – Part I

The second Trump administration has come flying out of the starting blocks on international trade policy actions—imposing and rescinding, shaping and reshaping tariffs, sanctions, and export controls. The executive orders and...more

Fenwick & West LLP

The Continued Retreat: Commerce Secretary Announces Section 232 Investigations into Pharmaceuticals and Semiconductors

Fenwick & West LLP on

Section 232 investigations determine whether the targeted U.S. imports threaten to impair U.S. national security. At the conclusion of a Section 232 investigation (which can last for up to 270 days), the President must...more

Alston & Bird

Commerce Seeks Comments on Section 232 Investigation of Semiconductors

Alston & Bird on

The Department of Commerce’s Bureau of Industry and Security (“BIS”) has initiated a Section 232 investigation of imports of semiconductors and semiconductor manufacturing equipment. According to the Federal Register notice...more

Alston & Bird

Commerce Seeks Comments on Section 232 Pharmaceutical Investigation

Alston & Bird on

Yesterday, April 16, 2025, the Bureau of Industry and Security (BIS), a bureau within the U.S. Department of Commerce, published a “Notice of Request for Public Comments on Section 232 National Security Investigation of...more

White & Case LLP

Trump Administration Initiates Section 232 Investigations on Pharmaceuticals and Semiconductors

White & Case LLP on

On April 14, 2025, the US Department of Commerce Bureau of Industry and Security (BIS) announced the initiation of investigations into the effects on US national security of imports of pharmaceuticals and pharmaceutical...more

Sheppard Mullin Richter & Hampton LLP

Who is Stacking the Chips: U.S. Commerce Department Launches Section 232 Investigation into Semiconductor Imports

On April 16, 2025, the Department of Commerce announced that it initiated an investigation on April 1, 2025, under Section 232 of the Trade Expansion Act, into imports of semiconductors, semiconductor manufacturing equipment...more

Davis Wright Tremaine LLP

Protect Yourself: U.S. Exporters Advised To Obtain End-Use and End-User Statements for All Exports, Including EAR99 Items

According to a trade press report, a Bureau of Industry and Security ("BIS"), Department of Commerce official speaking at the March 2025 BIS Update Conference on Export Controls and Policy recommended that U.S. exporters...more

Husch Blackwell LLP

Aluminum Section 232 Derivatives List Modified to Add Empty Aluminum Cans and Cans of Beer

Husch Blackwell LLP on

On April 2, 2025, the Department of Commerce’s Bureau of Industry and Security issued a draft Federal Register notice adding cans of beer and empty aluminum cans to the list of aluminum “derivative” products subject to...more

Troutman Pepper Locke

Trump Administration’s First Export Control Action – Reading the Tea Leaves

Troutman Pepper Locke on

On March 25, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced a significant expansion of its Entity List restrictions, adding 80 entities from China, the United Arab Emirates, South Africa,...more

BakerHostetler

[Podcast] Rev Up! Connected Vehicles: New National Security Law with Major Impact on Connected Vehicles and the Auto Supply Chain

BakerHostetler on

The topic is connected vehicles and the automotive supply chain and specifically how a new law that became effective on March 17, 2025, has major implications for automakers, auto suppliers, and investors and dealmakers doing...more

ArentFox Schiff

Taking Stock – Summary of BIS Actions From Fall 2024, and Peek at What Is Next Under the Trump Administration

ArentFox Schiff on

President Trump’s first months in office have been busy, but, in the export control world, we have been grateful for a brief respite from the mind-bending, hundreds-of-pages-long, industry-changing rules that the US...more

ArentFox Schiff

Summary of BIS’s December 5, 2024, Chip Controls

ArentFox Schiff on

On December 5, 2024, the US Department of Commerce’s Bureau of Industry and Security (BIS) promulgated an interim final rule (the December IFR) expanding its authority to restrict the dissemination of advanced chip technology...more

Snell & Wilmer

Trump Initiates an Investigation Into Potential National Security Threat of Copper Imports

Snell & Wilmer on

National security is the focus of an Executive Order (EO) signed by President Donald J. Trump on February 25, 2025, entitled “Addressing The Threat To National Security From Imports of Copper.” As the EO asserts, copper is a...more

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